Kelly, Jason

Jason Kelly, Personal Injury Attorney
Email Direct Line Print-Friendly Bio Add to Contacts
PRACTICE AREAS
Personal Injury & Wrongful Death
Commercial Litigation
Real Estate Litigation
Mediation
Appeals
Insurance Coverage & Bad Faith
Probate and Trust Litigation
Professional Liability
Arizona Attorney magazine
Our victory in a wrongful death trial against the City of Phoenix was the third-largest Arizona jury award in 2016
Affordable Mediations
"Affordable Mediation" services by Jason Kelly

Jason M. Kelly

PARTNER

Jason Kelly focuses his practice on complex litigation, including personal injury, wrongful death, insurance coverage and bad faith disputes.

"Many attorneys refer clients to me to handle complex litigation issues. I take the time to understand the case from my client's perspective, the intricacies of the lawsuit, and my client's goals. Together, we work as a team to obtain the best resolution, up to and including courtroom litigation if necessary."
Jason Kelly's litigation experience began while he was still in law school with criminal misdemeanor and felony jury trials. Today, his practice encompasses a wide range of contested matters, from administrative hearings to arbitrations, civil trials and appeals. In all, he has conducted over 50 trials or arbitrations.
The Brophy College Prep alumnus focuses his practice on complex litigation, including:
In addition, Jason helps resolve certain types of disputes through his "affordable mediation" services.
Honors and Awards
  • Martindale-Hubbell® AV Preeminent® Peer Review Rating™
  • Top Rated Lawyers, Arizona Republic, 2015
Success Stories
  • Won a $10.45 million jury award against the City of Phoenix for negligent intersection design and maintenance that resulted in the death of a motorcyclist. | The verdict in this case was the third-largest Arizona jury award in 2016. | See article in the Arizona Republic.
  • Obtained, and successfully preserved on appeal, a $1,060,045 bad faith judgment against an insurer.
  • Negotiated a confidential settlement with a hospital in connection with the secret recording of a patient’s medical examination by one of the hospital’s doctors.
  • Negotiated a $100,000 settlement of an injury claim against a major cruise line for a client who slipped on board the ship because of a water leak.
  • Negotiated a $400,000 settlement of a wrongful death claim against Yuma County in which the prison allowed an inmate to commit suicide. | See article in The Yuma Sun
  • In the Arizona Court of Appeals, successfully appealed a preliminary injunction that had prevented his client from evicting a commercial tenant for non-payment.
  • Obtained a $175,000 recovery for a mental health services provider that was not fully paid by the treatment center employing its counselors.
  • Successfully challenged the signature sufficiency of a Yuma city council candidate's nominating petition. | See article in The Yuma Sun
  • Recovered over $200,000 for a watermelon grower in a AAA arbitration on a claim that the grower’s marketing and sales agent failed to fully pay all amounts due to the grower (see related article).
  • Achieved a confidential settlement on a claim against an attorney for abuse of process involving an appeal from a Registrar of Contractors decision.
  • Successfully terminated a conservatorship, over the objection of the fiduciary, and was awarded attorneys' fees for the fiduciary's wrongful and unreasonable conduct in regard to the conservatorship. 
  • Settled a claim against the Quechan Indian Tribe for $324,000 for the Tribe's failure to pay for fire protection services to the Q Casino pursuant to a contract between the Tribe and the Winterhaven Fire Department.
  • Negotiated a confidential settlement agreement on behalf of real estate purchasers who were the victims of the negligence of real estate agents and brokers in regard to several real estate transactions, including the sale-leaseback of a commercial property, the purchase of custom model homes, and vacant property that was the subject of a hotel development. 
  • Settled an accounting claim for full value the day that the trial was set to begin. 
  • Employed as special counsel for a U.S. Bankruptcy Trustee and recovered nearly $500,000 on an insurance policy covering the negligent acts of directors and officers of a bankrupt company. 
  • Employed as special counsel for a U.S. Bankruptcy Trustee and successfully pursued an attorney malpractice action. 
  • Fought for and won insurance coverage for a cancer patient being denied coverage by her health care insurance company. 
  • Obtained an accounting malpractice judgment against a licensed CPA for improper and negligent preparation of tax returns. 
  • Numerous successful defenses of contractors at Arizona Registrar of Contractors proceedings. 
  • Won 100% recovery of life insurance proceeds in a contested interpleader action in which the proper beneficiary of the policy's proceeds was in dispute. 
  • Successful judgment and injunction against a business buyer for failure to make payments and enjoining the buyer from conducting further business activities in the name of the purchased business. 
  • Preservation of a multi-million-dollar trust estate under attack from a purported beneficiary of the trust assets. 
  • Negotiation of an international licensing agreement with a large sporting supply company. 
  • Defense verdict for a property seller alleged to have engaged in misrepresentation to the buyer.
Professional Memberships
  • State Bar of Arizona
  • Maricopa County Bar Association
  • Judge Pro Tem, Maricopa County Superior Court
  • St. Thomas More Society
  • Arizona Celtic Bar Association
  • Yuma County Bar Association
Appeals
  • Brumett v. MGA Home Healthcare, LLC, 240 Ariz. 420, 380 P.3d 659 (App. 2016)
  • AEA Federal Credit Union v. Yuma Funding, Inc., 237 Ariz. 105, 346 P.3d 991 (App. 2015)
  • Berry v. 352 E. Virginia, LLC, 228 Ariz. 9, 261 P.3d 784 (App. 2011)
  • Strawberry Water v. Paulsen, 220 Ariz. 401, 207 P.3d 654 (App. 2008)
  • Evans Withycombe, Inc. v. Western Innovations, Inc., 215 Ariz. 237, 159 P.3d 547 (App. 2006)
Bar Admissions
  • Arizona, 2000
  • U.S. District Court, District of Arizona, 2000
Articles
Presentations
  • “Damages and Liens in Personal Injury,” National Business Institute, June 22, 2017
  • "Ethical Considerations in Construction Litigation," Maricopa County Bar Association, June 12, 2013
  • "Developing Trends in Property and Casualty Insurance Fraud," National Society of Professional Insurance Investigators, November 12, 2012
  • "Analyzing Indemnity, the Duty to Defend, and Indemnity Assignments," Maricopa County Bar Association Construction Section, August 23, 2012
  • "Recent Developments in the Law Regarding the Statute of Repose and Indemnity," Arizona Association of Defense Counsel, November 30, 2006
  • "Solutions to the Broken Construction Defect Litigation System: An Introduction to Arizona's Right to Repair Statute," January 27, 2005
Education
  • J.D., University of Arizona, 2000: Law Review, 1998-2000
  • B.S.P.A., University of Arizona, 1996
Community Involvement
  • Knights of Columbus, St. Francis Xavier Parish, Phoenix
  • Annulment Minister, Diocese of Phoenix
  • Serra Club of Phoenix, USA Council of Serra International
  • Arizona Suicide Prevention Coalition: Founding Member, Current Board Member
  • Youth Suicide Prevention and Education Programs, Inc.: Founding Member, Past Chair
  • American Kyokushin Karate Organization: Legal Advisor
  • United States Chanbara Federation: Legal Advisor
  • St. Francis Xavier School: Former Advisory Board Member
Personal
Outside the practice of law, Jason is a member of the Martial Arts Masters Hall of Fame, and he teaches youth and adult martial arts. His article, "3 Ways Padded Weaponry Empowers Students," was published in the June 2014 issue of MA Success magazine. Jason is also a nationally licensed youth soccer coach, and he volunteers as a youth baseball and basketball coach.
Share by: